Subject:
Title
Authorization to file suit against Zon Living Concepts LLC, Zon Living Concepts II LLC, and such principals, subsidiaries, affiliates, successors, and assigns as may be appropriate. (District 4)
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Fiscal Impact:
Estimated $15,000 in litigation costs
Dept/Office:
Utility Services
Requested Action:
Recommendation
It is requested that the Board of County Commissioners authorize the County Attorney’s Office to file suit, where warranted, against Zon Living Concepts LLC, Zon Living Concepts II LLC, and such principals, subsidiaries, affiliates, successors, and assigns as may be appropriate.
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Summary Explanation and Background:
Zon Independent Living Facility (ILF) is an assisted living facility located at the northwest corner of Banana River Drive and South Patrick Drive, Indian Harbor Beach, Florida (Exhibit A). Brevard County owns and operates the wastewater system for this area. Zon ILF developed a vacant portion of their parcel which included existing force mains and gravity sewer within the site. See Exhibit B for existing permanent utility easements dedicated to Brevard County within the above-mentioned site.
Throughout the engineering review and construction of the above-mentioned site expansion, Brevard County expressed that the location of site improvements proposed would conflict with either the County’s wastewater system or its easements. See Exhibit C for locations within the site illustrating each of the County’s utility conflicts. The conflicts were noted and provided to the developer and engineer via Accela comments, emails, and letters. See Exhibit D for communication between the County and the Developer and Engineer of Record. The conflict is of concern to the Utility Services Department as the Zon ILF expansion impairs the County’s ability to maintain and repair several locations of the wastewater system within the site. Exhibit E shows the adjacent developments to the Zon ILF site and the impact to not only the Zon ILF but also the adjacent areas if any sort of pipe break/sewer discharge were to occur within the utility conflict areas. Please note, Exhibit E shows impact to adjacent developments using Equivalent Residential Connection (ERC) which is equal to the utility usage of a single-family home.
The Utility Services Department became aware that Zon ILF was built and occupied without resolution to the easement conflicts. The owner of Zon ILF was notified of the occupancy and requirements to resolve the previously identified conflicts, resulting in correspondence and meetings between the Department and the developer of Zon ILF. Per communication with the developer and this Department, both in person and letter, there has been no solution that has been proposed that is fair to the County. We are requesting approval for the County to use the means and methods of the judicial system to assist in rectifying the above-mentioned situation.
Clerk to the Board Instructions:
Please return the board memo to Utility Services attention Karina Perez, by email to karina.perez@brevardfl.gov, with a copy to the County Attorney’s Office.